MAHAVIR PRASAD SHARMA Vs. JASWANTI DEVI AND ORS.
HIGH COURT OF RAJASTHAN
MAHAVIR PRASAD SHARMA
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Guman Mal Lodha, J. -
(1.)THESE two cross -appeals have been filed one by Mahavir Prasad Sharma, Regional Mechanical Engineer in the Rajasthan Road Transport Corporation and second by the dependents of the deceased Kishan Behari Lai Sharma, against the judgment of the District Judge, Jaipur City, Jaipur, functioning as Motor Accidents Claims Tribunal, dated the 1st June, 1974, by which the compensation of Rs. 25,000/ - has been allowed to the claimants, namely, Jaswanti Devi, Narendra Behari Lai Sharma, Kamal Behari Lai Sharma, Raj Sharma and Kumari Kamini Sharma for the death of Kishan Behari Lai Sharma.
(2.)THESE appeals relate to a fatal accident which took place at the tri -junction of the Station Road, Bani Park Road and M.I. Road at Jaipur on 5th May, 1965. It is alleged that while the truck No. RJL 1570, driven by Mohammed (since deceased) was coming from Chandpole side, it turned at this tri -junction to the right side to proceed towards Bani Park and scooter RSL 864 driven by Mahavir Prasad Sharma came from the same direction i.e. from Chandpole side and was proceeding towards the station. On the rear seat of this scooter, the deceased Kishan Behari Lai, aged 37 1/2 years at that time, was sitting. The right hand front side of the truck struck the scooter as a result of which Kishan Behari Lai fell down on the road side and received fatal injury on the head, i.e. fracture of occipital bone extending to forearm magnum and extra deural haemotoma on occipital region causing intra -cranial haemorrhage and ultimately died on the way to the hospital. The driver of the scooter also fell down but he received only superficial injuries.
Kishan Behari Lai Sharma was a Sub -Inspector of Central Stores of the said Corporation and was getting a monthly salary of Rs. 165/ - and was head of the family and the only earning member in the family, consisting of himself, his wife, one daughter and three sons. His dependents have filed a claim petition for compensation in the sum of Rs. 1,00,000/ -.
(3.)AFTER framing of the issues and recording of the evidence in the case, the learned Tribunal has rejected the claim against the truck owner, Mohanlal Halwai and its insurance company but allowed the claim against the scooter owner, Mahavir Prasad Sharma, who was, himself, driving the scooter, as mentioned above.
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